Queens New York Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion

State:
Multi-State
County:
Queens
Control #:
US-00919BG
Format:
Word; 
Rich Text
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Description

This form is a generic motion requesting additional time to respond to a motion for summary judgment.

A motion is a formal written request made to a court or tribunal asking for a specific action or decision to be made. In the case of Queens, New York, a motion requesting additional time to respond to a motion for summary judgment along with a notice of motion is a common legal procedure that allows parties involved in a lawsuit to seek more time to prepare their arguments and evidence. This type of motion is often filed when a party needs extra time to respond adequately to a motion for summary judgment. A motion for summary judgment is typically filed by one party in a lawsuit to request the court to make a judgment in their favor based on the evidence presented, arguing that no further trial is necessary. This motion essentially asks the court to rule in favor of one party without going through a full trial. The motion requesting additional time to respond to the motion for summary judgment is a strategic tool for the opposing party to extend the allotted time for assessing and crafting a strong response. This additional time allows the party to thoroughly review the evidence presented and conduct any necessary investigation, research, or analysis to establish a compelling counter-argument. When filing this motion in Queens, New York, it is vital to include a notice of motion, which serves as a written communication to all relevant parties involved in the case, including the opposing party and the court. The notice of motion states the intention of the party to seek an extension of time and provides a clear timeline for when the response will be filed. In Queens, New York, there may be different types of motions requesting additional time to respond to a motion for summary judgment with a notice of motion. These may include: 1. Emergency Motion — This motion is filed when there is an urgent need for additional time due to unforeseen circumstances or emergencies that prohibit the party from responding within the original time frame. 2. Standard Motion — This is a regular motion filed when the party requires more time to respond but does not involve any immediate emergencies or time-sensitive factors. 3. Joint Motion — In some cases, both parties may agree to extend the time for responding to a motion for summary judgment. This joint motion is filed jointly by the opposing parties and requires mutual consent. 4. Motion for Good Cause — This motion is filed when the party can provide compelling reasons, supported by evidence and legal arguments, showcasing the existence of exceptional circumstances that warrant an extension of time. When filing a motion requesting additional time to respond to a motion for summary judgment with a notice of motion in Queens, New York, it is crucial to follow all the local court rules, provide necessary supporting documents or affidavits, and clearly state the reasons why an extension is necessary. Additionally, parties should be mindful of any deadlines set by the court and ensure that their motion is filed within the appropriate timeframe.

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The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.

A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.

Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

The redelivery of a writ, notice, or other form of legal process to the court after its proper service on the defendant or after it cannot be served. For example, the Federal Rules of Civil Procedure require a plaintiff to begin an action in federal court by preparing a complaint and giving it to the court.

The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.

This is sometimes called the return date, or the date the motion is returnable. The party making the motion (moving party) chooses the date the motion will be heard by the court. When you choose the date, you must pick a date that gives the other side at least 8 days of notice.

If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

A motion is heard on a 24 day cycle, meaning that when you file a motion, you can expect that your case will be scheduled before a judge within approximately 24 days. There is often times a motion can be delayed when an adjournment is requested or when the court's calendar requires.

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Queens New York Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion